Losing a family member is tragic. If someone else is liable for your loved one’s death, it may be beneficial to seek legal help. A Luray wrongful death lawyer is compassionate and empathetic. They can request compensation on your behalf from anyone responsible for your family member’s death while you deal with the aftermath of your loss.
MartinWren, P.C., has provided legal services and support to thousands of clients. If you are considering a wrongful death claim, we are here to help you in any way we can. For more information, schedule a free case consultation with our Luray personal injury lawyers.
Why You Should File a Wrongful Death Claim
Sadly, nothing will change the fact that your family member is gone. A Luray wrongful death attorney understands this. At the same time, they know how a family member’s death can impact you and your loved ones financially.
They also acknowledge that you have an opportunity to pursue justice against those liable for your family member‘s death.
Your attorney answers any questions you have about filing a wrongful death lawsuit and how the legal process works. They work hard to get compensation that helps your family stay afloat financially. If your case requires a trial, your lawyer makes sure you know what can happen when they present their argument to a judge or jury.
At MartinWren, P.C., we share FAQs and other legal resources with those debating whether to file a wrongful death claim. We encourage you to speak with us about your case, and we can help you figure out what to do from here. Contact us today to learn more.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
How Much Time You Have to Submit a Luray Wrongful Death Lawsuit
The Code of Virginia § 8.01-244 gives you two years from the date of someone’s death to ask for compensation from any liable parties. A wrongful death lawyer in Luray determines your eligibility for a wrongful death lawsuit. Your claim may also be subject to much shorter notice periods that will bar your claim unless followed.
Per the Code of Virginia § 8.01-50, a personal representative of the estate of a deceased person (decedent) may file a lawsuit based on a wrongful death.
This representative may be named in a decedent’s will. In the event the decedent died without a will, a personal representative can be appointed by the court.
You may be able to submit a wrongful death claim if you are a surviving spouse, child, parent, or grandparent of a deceased individual. Consult with a lawyer to find out if you meet the criteria for filing this type of claim. If so, your attorney can request economic and non-economic damages for you.
What a Wrongful Death Case Is Worth
Your wrongful death attorney in Luray calculates the quantifiable and subjective losses you face due to your family member’s death. They discuss what a successful wrongful death lawsuit entails and what to do to secure fair compensation. In your case, your lawyer may request compensation for myriad reasons, such as:
- Burial and funeral expenses
- Medical bills
- Loss of companionship
- Grief and solace
- Loss of income
You have the option to settle your case without a trial. For example, a liable party or their insurance company offers a settlement. You can evaluate the proposal with your lawyer, who will help you weigh its pros and cons.
If you approve the offer, you get money and close your case. Or, if the proposal is unsatisfactory, you and your lawyer continue with your litigation.
Luray Wrongful Death Lawyer Near Me (434) 817-3100
How to Prove Negligence in a Wrongful Death Case
Submitting a wrongful death claim does not mean you automatically recover damages. Your lawyer must meet the burden of proof for different elements of negligence.
They gather accident scene photos, medical records, and other proof to strengthen their argument. Your lawyer searches for evidence that shows the following elements of negligence were present at the time of your loved one’s death:
Duty of Care
A party has a legal obligation not to do anything that could put others in danger. For instance, a grocery store manager is required to maintain safe premises.
That way, when shoppers buy groceries, they can do so without having to worry about slipping, falling, and getting hurt. Similarly, drivers must follow rules of the road, doctors and healthcare providers must adhere to the standard of care, and others need to act reasonably to ensure that they do not break safety rules that keep all of us safe.
Breach of Duty of Care
Someone commits an act of carelessness or recklessness. In doing so, they violate their duty of care to others. For example, a motorist runs a red light or chooses to get behind the wheel while intoxicated.
These examples are incredibly dangerous. If the motorist crashes their car into another vehicle and causes fatalities, the driver can be held accountable for the incident.
Causation
Your attorney highlights how someone’s decision to violate their duty of care led to your loved one’s death. They may establish a timeline of events that illustrates to a judge or jury what happened before your loved one’s fatal accident.
Oftentimes the question of causation is hotly contested in cases, and the defense will rely on defense doctors they hire to blame injuries on pre-existing conditions, non-related medical complications, or even on the plaintiff’s lifestyle or choices.
Damages
If a party breached their duty of care and committed acts that contributed to your loved one’s death, you may recover damages for the harm they have caused. Your attorney shares information about your losses with the court. This may compel the court to award damages.
According to Virginia case law, contributory negligence can affect wrongful death cases. If your loved one was partly responsible for their death, you may not be able to recover damages from any liable parties.
This is the case regardless of whether your late family member was 1-99% at fault. Dealing with the contributory negligence defense can be challenging and difficult and it is important to hire an experienced and knowledgeable attorney to deal with this.
Who Can Be Held Liable for a Wrongful Death?
Your lawyer identifies any liable parties and takes legal action against them right away. Ultimately, one or more parties could be at fault for your loved one’s death. Defendants in wrongful death cases may include:
- Motorist
- Truck driver
- Business operator
- Property owner
- Doctor
Your attorney will advocate for you and position you to obtain damages from any responsible parties. Along with this, they remain accessible throughout your case proceedings.
If you have concerns or questions as your lawyer gets your case against liable parties ready for trial, your attorney will respond to them promptly.
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Receive Individualized Legal Counsel from a Trusted Wrongful Death Lawyer
MartinWren, P.C. works closely with you as you go through the legal process. Our team addresses legal issues if they come up in your wrongful death case and helps you make informed decisions at each stage of your litigation.
We welcome the opportunity to represent you and assist you with your wrongful death case. Request a free case consultation with our team.
Call (434) 817-3100 or complete a Case Evaluation form
